General terms and conditions of sale
The present Preamble is an integral part of the General Sales Conditions.
Article 1. Parties to the present act
Between the undersigned :
1° The simplified joint stock company EVOLUCIEL SAS with a capital of 7500 €, registered in the GRENOBLE Trade and Companies Register under the number 452 821 465, whose head office is located at 50 passage de la Gloriette 38160 CHATTE – FRANCE, and having as VAT number FR68452821465. Hereinafter referred to as the “Seller”, on the one hand, and 2° Any natural person wishing to make a purchase on the Seller’s website. Hereinafter referred to as the “Buyer”,
On the other hand, it has been exposed and agreed as follows:
Article 2. Purpose
The Buyer and the Seller agree that their relationship as well as the access and use of the site www.outdoorsboutique.com (hereinafter “the Site”) will be governed exclusively by :
- These General Terms and Conditions of Sale, to the exclusion of all other terms and conditions, and that they shall prevail, if necessary, over any other version or any other document
- Return Policy
- Deliveries and shipping
- Legal Notice
- Applicable laws and/or regulations.
The acquisition of a Product on the Seller’s site implies the knowledge and acceptance without reserve by the Buyer of the present General Terms and Conditions of Sale in force on the day of the order, the conservation and reproduction of which are ensured by the Seller. Each Buyer undertakes to respect the purpose of the Site and not to use it in such a way as to divert it from its purpose of selling Products online. The Seller reserves the right to modify its General Conditions of Sale at any time.
In case of modification, the applicable General Terms and Conditions of Sale are those in force at the date of the order by the Buyer, a dated copy of which can be given to him at his request. The fact that the Seller does not claim the application of any clause of the General Terms and Conditions of Sale or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by the Seller of its rights arising from the said clause. These Terms and Conditions of Sale were updated on June 10, 2021. This edition cancels and replaces the previous versions.
Article 3. Definitions
The simplified joint stock company EVOLUCIEL SAS with a capital of 7500 €, registered in the Trade and Companies Register of GRENOBLE under the number 452 821 465, whose head office is located 50 passage de la Gloriette 38160 CHATTE – FRANCE, and having as VAT number FR68452821465
Refers to any natural person wishing to make a purchase on the Site.
Refers to any product offered on the Site, within the limits of available stocks. The photographs cannot ensure a perfect similarity with the product offered.
Refers to the transfer to Buyer of physical possession or control of the Product.
Refers to the infrastructure developed by the Seller according to the computer formats usable on the Internet including data of various natures, and in particular texts, sounds, still or animated images, videos, databases, intended to be consulted by the Buyer to learn about its products and services and, if applicable, to make a purchase thereof. The Site is accessible at the following address: https://www.outdoorsboutique.com .
Refers to different networks of servers located in various places around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.
Article 4. Prices
The prices of the Products offered for sale on the Site are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
All orders are payable in Euros (€).
Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the Products.
Likewise, if one or more taxes or contributions are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products on the Site.
The Seller reserves the right to modify at any time the prices of the Products offered for sale on the Site. The Product will be invoiced by the Seller to the Buyer on the basis of the price list in force at the time of the validation of the order and subject to the availability of the Product.
The Seller undertakes to regularly check that all prices indicated on the Site are correct, but cannot guarantee the absolute absence of errors. If an error in the price of an item should occur, Seller will give Buyer the opportunity to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that Seller is unable to contact Buyer, the order will be considered cancelled.
Article 5. Order
The Buyer may browse the Site and order Products offered for sale on the Site, subject to their availability. The Products comply with the requirements of French law in force at the time of their order by the Buyer. At the time of an order, the contractual information is presented by the Seller in French language and is the subject of a conformation by the Purchaser at the latest at the time of the validation of the order. The Buyer who wishes to purchase a Product by placing an order must then fill in an identification form on which he/she must indicate the following information.
- Email address
- First and last name
- Postal address
- Telephone number
- Payment information
All data collected during the order process are processed in accordance with Article 15. The Buyer in possession of a Customer Account (see Article 14) and wishing to purchase a Product by placing an order is exempt from filling in the identification form (except for payment information) and can therefore place an order more quickly.
Article 6. Validity and validation
Any order of Products on the Site by the Buyer implies the full and complete adhesion of the Buyer and the Seller to the present General Conditions of Sale, without exception or reserve. A summary of the order of Products is communicated by the Seller to the Buyer on the e-mail address indicated on the identification form of the Buyer during the order. The summary of the order of Products includes the following information:
- a summary of the Products ordered,
- the price
- the date and time of the order
- the date or time by which the Seller undertakes to deliver the goods, the delivery costs,
- the payment method chosen by the Buyer
- the withdrawal period from which the Buyer benefits as well as the form allowing him to exercise it.
Buyer shall promptly verify the contents of the summary and immediately notify Seller of any errors or omissions. The confirmation of the order shall constitute a signature and acceptance of the transaction by the Buyer and the Seller. The recorded confirmation of the order of products and all data transmitted during the order are proof of the transaction in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technology and relating to the electronic signature, and are worth the sums involved in the order.
However, in case of fraudulent use of his credit card, the Buyer is invited, as soon as he notices this use, to contact the Seller’s customer service as soon as possible. It is expressly agreed that, except in the case of an obvious error on the part of the Vendor, the data stored in the Vendor’s computer systems, under reasonable security conditions, have evidential value with respect to the orders placed by the Purchaser. Data on computer or electronic media shall constitute valid evidence and as such shall be admissible under the same conditions and with the same evidentiary force as any document that would be established, received or kept in writing.
The Vendor undertakes to honour orders for Products received on the Site and validated only within the limits of available stocks of products. In the absence of availability of products, the Seller undertakes to inform the Buyer as soon as possible in accordance with Article 8. The Seller reserves the right to refuse any order if the quantities of products ordered are abnormally high for Buyers who are consumers.
Article 7. Payment
The validation of the order of Products implies for the Buyer the obligation to pay the price indicated on the confirmation of order. The Buyer must pay for his purchases online at the time of the order by credit card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard). The payment of the purchases of Products on the Site can also be made by Paypal, a highly secure web payment infrastructure certified PCI level 1.
Article 8 – Availability
The Products are offered by the Seller on the Site within the limits of available stocks and their possible expiration date. For Products not in stock, the offers are valid subject to availability. In case of unavailability of a Product after placing and validating an order, the Seller will inform the Buyer by e-mail as soon as possible. The Buyer’s order may then, according to his wishes, be cancelled and no bank debit will then be made by the Seller, or put on hold until the Product is restocked by the Seller.
Article 9. Transfer of ownership
The products remain the entire property of the Seller until full payment of the price by the Buyer. The transfer of ownership of the pre-ordered or ordered Product is realized at the time of the physical transfer of the Product to the benefit of the Buyer, the risks of loss or damage of the products are then also immediately transferred from the Seller to the Buyer.
Article 10. Delivery
Delivery is made to the address indicated in the Buyer’s order form. The Buyer shall indicate very precisely his address and his postal code as well as any other relevant indication for the delivery without using any abbreviation.
The delivery times indicated on the Site are the usual average times. The Seller shall endeavour to respect these times. The shipping time of the order varies according to the method of Delivery chosen by the Buyer. The products are delivered by the Seller to the delivery address indicated by the Buyer during the ordering process, within the time indicated on the order validation page. In case of delay in shipping, an email will be sent to the Buyer to inform him/her of a possible consequence on the delivery time indicated.
OUTDOORS can offer you, at the time of placing your order, different delivery methods whose price is calculated according to the size and weight of your package and your delivery address. OUTDOORS does not deliver to: military bases, armies, barracks. The conditions, fees and delivery times differ depending on the delivery method you choose. You will be informed, at the time of placing your order, of the delivery method(s) available as well as the applicable time and rate(s).
A specialized logistician is in charge of deliveries, in order to ensure the best possible service. After the payment of the order, the latter will send to the Buyer an email with the tracking number of the package to the email address indicated. In case of abusive delay of delivery, the Buyer has the possibility to cancel the order in the conditions and modalities defined in the article L 216-2 of the Code of the Consumption. If in the meantime the Buyer receives the product, he will have to return it to the Seller in its original packing and without deterioration as soon as possible. In case of delivery by carrier, the Salesman cannot be held for person in charge of delay of delivery due exclusively to an unavailability of the Buyer after several proposals of appointment.
At the time of delivery of the Product, the Buyer is required to verify:
- That the number of packages delivered corresponds to the indications on the shipping document and the invoice
- That the packaging is intact, not damaged, not wet or altered in any way, including the materials used to close the package.
The Buyer shall immediately report any damage to the packaging and/or the Products or an error in the number of packages or non-conformity of the indications, by placing a written control reservation on the Delivery receipt. After signing the delivery slip, the Buyer shall not be entitled to object to the external appearance of the delivery. In the event of delivery by parcel post, the Seller shall apply the rates in force at the time of the order.
Article 11. Resolution
The order of Products can be solved by the Purchaser in case :
- Delivery of a product that does not conform to the declared characteristics of the product
- Price increase which is not justified by a technical modification of the product imposed by the public authorities.
The order of Products can be cancelled by the Purchaser in case of :
- Delivery beyond the deadline set in the purchase order or, in the absence of such a deadline, within thirty days of the conclusion of the contract, after the Seller has been enjoined, in the same manner and without result, to make the Delivery within a reasonable additional period
The order for Products may be terminated by Seller in the event of:
- Buyer’s refusal to accept delivery;
- Non-payment of the price at the time of the validation of the order.
Article 12. Withdrawal
The Buyer benefits from a fourteen (14) day retraction period as from the delivery of his order to return the Product to the Seller for exchange or refund without penalty, except for the return costs which are at his expense.
To exercise his right of withdrawal, the Buyer must inform the Seller by email firstname.lastname@example.org or by our cancellation form. Its use by the Buyer is not mandatory. In the case of an exchange of Products, the reshipment will be at the expense of the Buyer.
All returns must be reported in advance to the Seller’s customer service department:
By email: email@example.com
Returns are to be made in their original condition and complete (packaging, accessories, instructions), with the purchase invoice as soon as possible and, at the latest, within fourteen days following the communication of its decision to withdraw. Returns are to be made to the following address:
EVOLUCIEL SAS OUTDOORS
50 passage de la Gloriette
Any damage suffered by the product during its return is the responsibility of the Buyer and may be such as to defeat the right of withdrawal. If all of the above conditions are met, then the Seller will reimburse the Buyer for all sums paid, including delivery, upon receipt of the returned goods or until the Buyer provides proof of shipment of the Products.
Refunds will be made using the same payment method used by Buyer in the original transaction, unless Buyer expressly agrees to use another payment method and provided that the refund does not incur any costs to Buyer. On the other hand, the Seller is not obliged to reimburse additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller. In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal provided for in the case of distance selling may not be exercised for the following contracts:
- Supply of goods that are likely to deteriorate or expire rapidly
- Supply of goods that have been unsealed by the Buyer after delivery and that cannot be returned for reasons of hygiene or health protection
Article 13. Guarantees
All Products offered for order by the Seller on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects. All claims, requests for exchange or refund must be made by mail within 30 days of delivery. The products must be returned to us by the Buyer in the state in which he/she received them with all the elements (accessories, packaging, instructions…), as well as with the invoice justifying the payment. The shipping costs will be reimbursed to the Buyer by the Seller on the basis of the invoiced rate and the return costs will be reimbursed to the Buyer by the Seller upon presentation of the receipts. The provisions of this article do not prevent the Buyer from benefiting from the right of withdrawal provided for in Article 12.
Article 13.1. Guarantee against hidden defects
The Products offered on the Site are subject to the warranty against hidden defects set forth in Articles 1641 et seq. of the Civil Code: Article 1641 of the Civil Code: “The Seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the Buyer would not have acquired it, or would have given only a lesser price, if he had known of them. “The action resulting from latent defects must be brought within two years from the discovery of the defect.
Article 13.2 Legal guarantee of conformity
The Products offered on the Site are also subject to the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code: Article L.217-4 of the French Consumer Code: “The Seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. “The action resulting from the lack of conformity is prescribed within two years from the delivery of the Product. The legal guarantee of conformity applies independently of any commercial guarantee.
Article 14. Customer account
The Buyer, if he wishes it, can create a customer account allowing him to reach many advantages: to order more quickly, to record various addresses, to follow his orders… To create a customer account, the Buyer must provide the following information:
- First and last name
- E-mail address
- Check the “Create an account” box
Article 15. Personal data
Article 16. Cookies
Article 17. Intellectual property
All elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, trademarks and copyrights are and remain the exclusive property of the Seller. Unless otherwise stated, the intellectual property rights in the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, who does not grant any license or any other right than that of consulting the Site and ordering Products. Reproduction of any page or content of this Site by Buyer or any third party is subject to prior written permission from Seller. The reproduction of any documents published on the Site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited by the Seller. It is forbidden to use the brands, images or any other element on which the Seller would hold intellectual property rights. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code (except as provided by law), sell, assign, sublicense or otherwise transfer any rights in the Site. It is also forbidden to modify the Site or to use modified versions of the Site and in particular (without this enumeration being restrictive) in order to obtain unauthorized access to the Site and to access the Site by any means other than through the interface which is provided to the Buyer by the Seller for this purpose. The Site and any software necessarily used in connection therewith may contain confidential information protected by applicable intellectual property or other laws. The Buyer who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Seller’s site, must request prior written authorization from the Seller, who reserves the right to refuse it without specific motivation. In any case, any unauthorized link must be removed upon simple request from the Seller.
Article 18. Responsibility
The Products comply with the French legislation in force. The responsibility of the Seller cannot be engaged in case of non compliance with the legislation of a third country where the Product is delivered. It is up to the Buyer to check with the local authorities the possibilities of import or use of the pre-ordered or ordered products. The Seller shall not be held responsible for any damage resulting from the misuse of the Product by the Buyer or by any third party.
The Seller shall not be held responsible for any inconvenience or damage inherent to the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses. The same applies to potential hypertext links present on the Site. Finally, the responsibility of the Seller could not be engaged in the case where the non-fulfilment of its obligations would be attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the French jurisprudence, or to the fact of the Buyer (article L. 221-15 of the French Code of Consumption).
Article 19. Force majeure
In the event of the occurrence of an event of force majeure or an act of God, due to the other party or a third party or to external causes such as social conflicts, intervention of civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or of the electrical network, without this list being limitative, the responsibility of the Buyer or the Seller cannot be sought if the execution of the contract is delayed or prevented.
Article 20. Filing and proof
The Seller shall archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1360 of the Civil Code. The computerized registers of the Seller will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 21. Dispute
In the event of a dispute, the Buyer must first contact the Seller’s customer service department by e-mail via our contact form or by post (EVOLUCIEL SAS OUTDOORS – 50 passage de la Gloriette 38160 CHATTE – FRANCE). The Buyer and the Seller remain free to accept or refuse the recourse to the settlement of a dispute by mediation as well as to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement, the competent court to resolve the dispute is that of the place of residence of the defendant or that of the place of actual delivery of the Product. The language of these General Terms and Conditions of Sale is French. The present General Terms and Conditions of Sale are therefore subject to French law.
Article 22. Duration
The present conditions apply throughout the duration of the online availability of the Products offered for sale by the Seller.
Article 23. Domicile
The parties elect domicile at the addresses indicated on the order form for the Buyer and at the address appearing on the site for the Seller.
Article 24. Nullity
If any of the clauses of these General Terms and Conditions of Sale were to become null and void in accordance with a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without entailing the nullity of the entire General Terms and Conditions of Sale or altering the validity of its other provisions.